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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Year: 1983 Page 50 of about 524 results (0.228 seconds)

Jun 30 1983 (FN)

Belknap, Inc. Vs. Hale

Court : US Supreme Court

Decided on : Jun-30-1983

..... judicial process precludes an ad hoc inquiry into the special problems of labor-management relations involved in a particular set of occurrences in order to ascertain the precise nature and degree of federal-state conflict there involved, and more particularly what exact mischief such a conflict would cause. nor is it our business to attempt this. such determinations inevitably ..... of employment to encourage or discourage membership in any labor organization. . . . " " * * * *" "(5) to refuse to bargain collectively with the representatives of his employees, subject to the provisions of section 159(a) of this title." [ footnote 3 ] respondents assert that belknap's failure to appeal from the remand order bars belknap from further litigating the preemption issue. the inference is ..... p.m., monday thru friday. park in company lot at 1st and main." " we are an equal opportunity employer " [ footnote 2 ] section 8(a) of the national labor relations act, 61 stat. 140, as amended and as set forth in 29 u.s.c. 158(a), provides, in relevant part: "it shall be an unfair labor practice for an employer -- ..... unfair labor practice strike, the employer must discharge any replacements in order to accommodate returning strikers. in this case, we must decide whether the national labor relations act (nlra or act) preempts a misrepresentation and breach of contract action against the employer brought in state court by strike replacements who were displaced by reinstated strikers after having been offered .....

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Jun 29 1983 (FN)

Mueller Vs. Allen

Court : US Supreme Court

Decided on : Jun-29-1983

..... we held unconstitutional a direct loan of instructional materials to nonpublic schools, while upholding the loan of textbooks to individual students. [ footnote 4 ] section 290.09 contains no express statements of legislative purpose, and its legislative history offers few unambiguous indications of actual intent. the absence of such evidence ..... described by our statement that "'[w]hat is at stake as a matter of policy [in establishment clause cases] is preventing that kind and degree of government involvement in religious life that, as history page 463 u. s. 400 teaches us, is apt to lead to strife and ..... first, an essential feature of minnesota's arrangement is the fact that 290.09, subd. 22, is only one among many deductions -- such as those for medical expenses, 290.09, subd. 10, and charitable contributions, 290.21, subd. 3 -- available under the minnesota tax laws. [ footnote 5 ] our decisions ..... deductions to which they are entitled, but because the latter are simply unable to claim the largest tax deduction that minnesota authorizes. [ footnote 2/2 ] fewer than 100 of more than 900,000 school-age children in minnesota attend public schools that charge a general tuition. of the total ..... legally fulfill the state's compulsory attendance laws, which is not operated for profit, and which adheres to the provisions of the civil rights act of 1964 and chapter 363. as used in this subdivision, 'textbooks' shall mean and include books and other instructional materials and equipment used .....

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Jun 24 1983 (FN)

Franchise Tax Bd. Vs. Construction Laborers

Court : US Supreme Court

Decided on : Jun-24-1983

..... is an important one, which affects thousands of federally regulated trusts and all nonfederal tax collection systems, and it must eventually receive a definitive, uniform resolution. nevertheless, for reasons involving perhaps more history than logic, we hold that the lower federal courts had no jurisdiction to decide ..... creates the cause of action." american well works co. v. layne & bowler co., 241 u. s. 257 , 241 u. s. 260 (1916). however, it is well settled that justice holmes' test is more useful for describing the vast majority of cases that come within the district courts' original ..... e. borchard, declaratory judgments 15-18, 23-25 (1934). [ footnote 20 ] section 502(a)(3) provides: "[a civil action may be brought] by a participant, beneficiary, or fiduciary (a) to enjoin any act or practice which violates any provision of this subchapter or the terms of the plan, or ..... s. 823 (1824), and its limited legislative history suggests that the 44th congress may have meant to "confer the whole power which the constitution conferred," 2 cong.rec. 4986 (1874) (remarks of sen. carpenter). nevertheless, we have only recently reaffirmed what has long been recognized -- that "art. iii ..... and trust was to establish a mechanism for administering the provisions of a collective bargaining agreement that grants construction workers a yearly paid vacation. [ footnote 2 ] the trust agreement expressly proscribes any assignment, pledge, or encumbrance of page 463 u. s. 5 funds held in trust by clvt. [ .....

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Jun 24 1983 (FN)

Motor Veh. Mfrs. Ass'n Vs. State Farm Ins.

Court : US Supreme Court

Decided on : Jun-24-1983

..... yankee nuclear power corp. v. natural resources defense council, inc., 435 u. s. 519 (1978), as though it were a talisman under which any agency decision is by definition unimpeachable. specifically, it is submitted that to require an agency to consider an airbags-only alternative is, in essence, to dictate to the agency the procedures it is to ..... ). we believe that the rescission or modification of an occupant protection standard is subject to the same test. section 103(b) of the act, 15 u.s.c. 1392(b), states that the procedural and judicial review provisions of the administrative procedure act "shall apply to all orders establishing, amending, or revoking a federal motor vehicle safety standard," and suggests ..... automobile insurance co. et al., also on certiorari to the same court. [ footnote 1 ] national safety council, 1982 motor vehicle deaths by states (may 16, 1983). [ footnote 2 ] the senate committee on commerce reported: "the promotion of motor vehicle safety through voluntary standards has largely failed. the unconditional imposition of mandatory standards at the earliest practicable date is ..... at 21205. after receiving written comments and holding public hearings, nhtsa issued a final rule (notice 25) that rescinded the passive restraint requirement contained in modified standard 208. ii in a statement explaining the rescission, nhtsa maintained that it was no longer able to find, as it had in 1977, that the automatic restraint requirement would produce significant .....

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May 02 1983 (FN)

Kolender Vs. Lawson

Court : US Supreme Court

Decided on : May-02-1983

..... all branches of government. as weighty as this concern is, however, it cannot justify legislation that would otherwise fail to meet constitutional standards for definiteness and clarity. see lanzetta v. new jersey, 306 u. s. 451 (1939). section 647(e), as presently construed, requires that "suspicious" persons satisfy some undefined identification requirement, or face criminal punishment. although due process does ..... for precisely that reason, the scope of seizures of the person on less than probable cause that terry page 461 u. s. 365 permits is strictly circumscribed to limit the degree of intrusion they cause. terry encounters must be brief; the suspect must not be moved or asked to move more than a short distance; physical searches are permitted only ..... it goes without saying that the fourth amendment safeguards the rights of those who are not prosecuted for crimes as well as the rights of those who are. [ footnote 2/2 ] a brief detention is usually sufficient as a practical matter to accomplish all legitimate law enforcement objectives with respect to individuals whom the police do not have probable cause to ..... to identify himself." app. to juris.statement a-78. the district court enjoined enforcement of the statute, but held that lawson could not recover damages because the officers involved acted in the good faith belief that each detention or arrest was lawful. appellant h. a. porazzo, deputy chief commander of the california highway patrol, appealed the district court decision .....

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Feb 22 1983 (FN)

Marshall Vs. Lonberger

Court : US Supreme Court

Decided on : Feb-22-1983

..... license to redetermine credibility of witnesses whose demeanor has been observed by the state trial court, but not by them. in united states v. oregon medical society, 343 u. s. 326 (1952), commenting on the deference which this court gave to the findings of a district court on direct appeal ..... 432 appeals for the sixth circuit could properly draw, and related questions -- are obviously questions of "fact" governed by the provisions of 2254(d). section 2254(d) establishes a presumption of correctness for "a determination after a hearing on the merits of a factual issue, made by a state court of ..... that the state produced no contrary evidence are wide of the mark for purposes of deciding whether factual findings are fairly supported by the record. section 2254(d) gives federal habeas courts no license to redetermine credibility of witnesses whose demeanor has been observed by the state trial court but not ..... times to vacate one conviction when a defendant, in a single trial, has been convicted of both aggravated battery and attempted murder resulting from the same act. [ footnote 2/4 ] e.g., people ex rel. walker v. pate, 53 ill.2d 485, 292 n.e.2d 387 (1973); people v. carter, ..... : where a defendant's prior conviction is unconstitutional or unreliable, it may not be introduced in evidence against that defendant for any purpose. [ footnote 2/2 ] in the absence of proof to the contrary, henderson does support a presumption that respondent's illinois counsel informed him at some point of the .....

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Nov 09 1983 (HC)

Gurman Singh Vs. Union of India (Uoi) and ors.

Court : Kolkata

Decided on : Nov-09-1983

Reported in : 1984CriLJ718

..... ordered by the general officer commanding, bengal area, to try the petitioner on the charges of committing theft of property as framed under section 52 of the army act. it has been stated that during the general court martial the petitioner was given full opportunity to defend himself as also to cross- ..... or by award of suitable punishment by the appropriate authority under army act, sections 71(1), 80(i), 83(b), 83(b), 83(c) and 85;(ii) if the persons concerned are subject to navy act by enforcing recovery under the provisions of navy act, sections 28(5) and 29(4) or by the award of suitable ..... provides for custody of the offenders without any provision of bail is also discriminatory. it has also been submitted that section 127 of the act is also violative of article 20, sub-article (2) constitution inasmuch as it provides for successive trials by the criminal court and the court martial in respect of ..... punishment by the appropriate naval tribunal under the navy act;this financial regulation therefore clearly provides that the ..... of the army act because there is no question of trial of the offence in question by the court martial and also by the criminal court. it has been next submitted that section 127 is not ultra vires of article 20(2) of the constitution in view of art, 33 of the constitution.11. .....

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Dec 17 1983 (TRI)

Collector of Central Excise Vs. Pennar Ceramic and General

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Decided on : Dec-17-1983

Reported in : (1986)(25)ELT427TriDel

..... denial that the goods contained these three materials, though they might contain other materials also. accordingly, in terms of the madras high court judgment, they would come within the definition of porcelain. the reason why the madras high court had decided that matter against the department was that the fuselinks could not be considered as porcelainware. the main reason for ..... although the exact proportion of these may vary. it would be difficult to regard as porcelain an article which contains only a minor proportion of these components. even the isi definition of porcelain states that it is ceramic whiteware, and ceramic whiteware is described as being commonly white and of fine texture. the goods in question which are stated to be ..... parlance a general merchant dealing in "glassware" does not ordinarily deal in articles like clinical syringes, thermometers, lactometers, etc. which articles though made of glass, are normally available in medical stores or with manufacturers thereof like the assessee. it is equally unlikely that consumer would ask for such articles from a glassware shop. in popular sense when one talks of ..... 10.1982, when the provisions relating to the tribunal came into force, the show-cause notice was, under section 35p(2), central excises and salt act, transferred to the tribunal, for being dealt with as if it were an appeal filed before the tribunal.2. since the show-cause notice related to four orders-in-appeal, four appeals with the collector of central .....

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Oct 27 1983 (TRI)

income-tax Officer Vs. Hiren Kiren Jagruti Hina Trust

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Decided on : Oct-27-1983

Reported in : (1984)8ITD106(Ahd.)

..... the beneficiaries were determinate as also their shares and so the assessment should be made on the trust under section 161 of the income-tax act, 1961 ('the act') and not under section 164 of the act, the above plea of the assessee was not accepted by the ito. he pointed out, inter alia ..... contention the assessee's learned counsel drew our attention to the amendment made to section 164 by the finance (no. 2) act, 1980, with effect from 1-4-1980 by inserting clause (ii) to explanation 1. which clarified that-- (ii) the individual shares of the persons on whose behalf or for whose benefit such ..... was "whether the shares of the four children are indeterminate and unknown for the purposes of application of the first proviso to section 41 ?" [analogous to section 164(1)] of the present act. while considering the above question, their lordships pointed out, inter alia, as follows : ... it has to be noticed ..... or unknown ... tax shall be charged on the relevant income ... at the maximum marginal rate :" a bare reading of the above sub-section of section 164 will indicate that it requires the assessing officer to ask himself the following questions : 1. was the income of the trust receivable by ..... fund for the benefit of the beneficiaries, for their bringing up, for their education, their medical and for their marriages, for their life and educational insurance, for setting them up in profession, etc.2.4 clause 9 of the will provided for the situation where the trust may become difficult .....

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Jul 06 1983 (FN)

Michigan Vs. Long

Court : US Supreme Court

Decided on : Jul-06-1983

..... a statute passed subsequent to the applicable state constitutional provision is not relevant for interpreting its constitution, and that a definition in a legislative act pertains only to that act. jones v. city of ypsilanti, 26 mich.app. 574, 182 n.w.2d 795 (1970). see also walber v. piggins ..... they hardly provide adequate justification for a search of a suspect's car and the containers within it. this represents an intrusion not just different in degree, but in kind, from the intrusion sanctioned by terry. in short, the implications of the court's decision are frightening. the court also rejects ..... 462 u.s. at 462 u. s. 702 . the search at issue in this case is a far cry from a "frisk" and certainly was not "limited." [ footnote 2/2 ] page 463 u. s. 1057 the court's reliance on chimel v. california, 395 u. s. 752 (1969), and new york v. belton, 453 u. s. ..... s understanding of federal law is more difficult. four possible ways of resolving that question present themselves: (1) asking the michigan supreme court directly, (2) attempting to infer from all possible sources of state law what the michigan supreme court meant, (3) presuming that adequate state grounds are independent unless ..... fourth amendment, it fairly appears that the michigan supreme court rested its decision primarily on federal law. pp. 463 u. s. 1037 -1044. 2. the protective search of the passenger compartment of respondent's car was reasonable under the principles articulated in terry and other decisions of this court. .....

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